I-A (Revocation of Adoption Order) [2021] EWCA Civ 1222 (10 August 2021)

I-A (Revocation of Adoption Order) [2021] EWCA Civ 1222 (10 August 2021)

The making of the adoption order without a hearing attended by the mother was a procedural irregularity, but it did not constitute a fundamental breach of natural justice. The mother had no right to oppose the adoption, and her absence did not affect the outcome or her ability to apply for contact. Revocation of the adoption order was not justified.

Citation
[2021] EWCA Civ 1222
Parties
Appellant: HT; Respondent: A Local Authority; Respondent: The I-A Children (by their children's guardian)
Jurisdiction
England and Wales
Judgment Date
10 August 2021
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Revoke Adoption Order
Outcome
Appeal dismissed
Legal Topics
Revocation of Adoption Orders, Procedural Irregularity, Natural Justice, Remote Hearings, Parental Rights, Contact Arrangements
Family Law Adoption Law Revocation of Adoption Orders Procedural Irregularity Natural Justice Remote Hearings Parental Rights Contact Arrangements

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Parties

HT

Appellant

A Local Authority

Respondent

The I-A Children (by their children's guardian)

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Revoke Adoption Order

Legal Issues

  1. 1 Whether making an adoption order without a hearing attended by the mother was a procedural irregularity
  2. 2 Whether such irregularity amounted to a fundamental breach of natural justice warranting revocation of the adoption order

Ratio Decidendi

The making of the adoption order without a hearing attended by the mother was a procedural irregularity, but it did not constitute a fundamental breach of natural justice. The mother had no right to oppose the adoption, and her absence did not affect the outcome or her ability to apply for contact. Revocation of the adoption order was not justified.

Court Disposition

Appeal dismissed

Orders

  • Adoption order stands
  • No revocation of adoption order